Woodinville Water District King County, Washington Resolution No. 3595 A resolution of the Board of Commissioners of the Woodinville Water District, King County, Washington, establishing billing and collection procedures for services provided. WHEREAS, the Woodinville Water District (the "District") is a special purpose municipal corporation which provides water and sewer utility services and other services within its corporate boundaries; and WHEREAS, the Board of Commissioners (the "Board") has established rates and charges for the provision of utility services; and WHEREAS, the Board wishes to revise the District's billing and collection procedures; now therefore, The Board of Commissioners of the Woodinville Water District resolve that Resolution No. 3208 and Chapter 4.68 WWDC are repealed and it is further resolved that the following is adopted and shall be codified as a new Chapter 4.68 WWDC: ARTICLE I DEFINITIONS The following definitions shall apply to this resolution: a) Customer. The person named on the customer account for billing purposes. b) Customer account. The account maintained by the District for each service the District provides. c) Owner. The owner of record of the property receiving service. d) Person. A natural person or any legal entity. e) Manager. The General Manager of the District or any District employee delegated authority to perform procedures established herein. ARTICLE II APPLICATION FOR SERVICE Section 1. New Accounts. Any person seeking utility service shall make application on a form provided by the District that will require: The street address of the property to be served (or legal description at the discretion of the manager); Identification of service requested. Acceptance of service pursuant to resolutions adopted by the Board and rules and regulation promulgated by the District;
Page 2 of 5 Section 2. Existing Accounts. The name of a customer on an existing account may be changed by telephone application. Section 3. Customer Accounts. Customer accounts shall be kept in the name of the customer; provided that the owner may request that bills be sent to the owner's designee. Section 4. Acceptance of Application. The manager may accept an application provided that: The District is capable of providing the requested service; Service can be provided in accordance with District resolutions; and All fees and charges, including connection charges, have been paid or arrangement for their payment has been made. ARTICLE III BILLING Section 1. Frequency and Terms. The District shall bill monthly for services rendered during the preceding two (2) calendar months. Bills not paid in full by the fifteenth (15) day after the date of the bill (the "due date") shall be delinquent. Each bill shall clearly state its bill date, its due date and recite that: Bills not paid in full by the due date will be delinquent and subject to the District s collection policies; and Water service will be terminated whenever an account is delinquent for Fifty-eight (58) days following the due date. Section 2. Payment. (a) Payment may be made at the District office, by mail or by electronic transfer. District employees shall not accept payment in any other manner. (b) Payments received for multiple services shall be applied to (1) sewer and (2) street lighting charges until those charges are paid in full and then to water charges. Section 3. Delinquent Accounts. All bills shall state the amount of any delinquency and any penalty imposed. ARTICLE IV COLLECTION AND ENFORCEMENT Section 1. Termination of Service. Whenever a bill for water service has been delinquent for more than fifty eight (58) days, the manager, upon six (6) days prior written notice, shall terminate service to the property. Service shall not be terminated on the last business day before a holiday or weekend. Section 2. Notice-contents. Written notice shall be provided to the service address either by mail or by door hanger. Copies of the notice will be mailed to the owner of the property and/or to a customer at a mailing address different from the service
Page 3 of 5 address at their request. The Notice shall specify the date of termination of service and state that to avoid termination of service: All delinquent charges, including penalties, must be paid in full at the District's office on or before service termination. or An appeal or request for arrangements must be filed with the District by 4:30 PM of the day before the termination date. Section 3. Payment Arrangements. Any customer may request the District to make arrangements for payment of District bills. The manager shall meet with the customer promptly to review the request. The manager's decision shall be informed by: The customer's financial condition; The customer's payment history, including performance of prior arrangements; The amount owed and the duration of any delinquency; and Any other factor the manager believes relevant.. Pending the manager's decision regarding the request to make payment arrangements, no collection enforcement action shall be taken. Extended Payment Agreements. Customers who experience a leak and receive a leak adjustment may request an Extended Payment Agreement for payment of the remaining amount due on their account following a leak adjustment. An amount equal to 10% of the outstanding charges will be added in lieu of interest in establishing the amount due under the Extended Payment Agreement. Scheduled payments under the Agreement will be due at the same time as payments under the customer s normal billing cycle. Failure to make the scheduled payments per the Extended Payment Agreement will cause those amounts to be subject to collection and enforcement policies of the District. Promissory Notes. With the manager s approval, customers can make arrangements to repay a delinquent account balance by completing and signing a Promissory Note form issued in favor of the District. Further requirements governing the issuance of a Promissory Note include: An amount equal to10% of the delinquent charges will be added to the delinquent account balance in lieu of interest to compute the total amount to be repaid through the Promissory Note. The Promissory Note must itemize payment amounts and dates when those payments will be received by the District until the entire delinquent balance including the 10% charge in lieu of interest has been paid in full. A Promissory Note will not be issued to a tenant without signed approval by the property owner. For Promissory Note amounts up to $500, the maximum allowable repayment period will be six months. For Promissory Note amounts from $501 to $2,000, the maximum allowable repayment period will be twelve months. For Promissory Note amounts of $2,001 and above, the maximum allowable repayment period will be eighteen months. Each customer will only be granted one Promissory Note during ownership or occupancy of a property.
Page 4 of 5 Section 4. Customer Default on Repayment Terms. If the District doesn t receive the amount due under an approved Promissory Note by the scheduled due date, written notice will be provided to the customer that all delinquent charges, including interest and penalties, must be paid in full within six days of the date of said notice to avoid service termination. The notice will be provided to the service address either by mail or by door hanger; and copies will be mailed to the owner of the property and/or to the customer at a mailing address different from the service address at their request. If payment is not received within six days of the date of said notice, service to the property will be terminated per District collection procedures. Section 5. Resumption of Service. Service shall not be resumed until all outstanding charges have been paid in full. If water service is terminated for failure to perform according to terms established in a Promissory Note, the water service shall not be restored until the entire balance secured by the Promissory Note has been paid in full. The manager shall make every effort to resume service by the end of the next business day following receipt of payment for the past due amount. Section 6. Liens - creation. Whenever an account is delinquent for three months, the District may certify a lien and commence lien foreclosure as provided by law. ARTICLE V ADJUSTMENTS Section 1. Leak Adjustments. A customer who has experienced a leak that meets criteria outlined in Resolution 3435 or its successors which establishes the District s adopted leak adjustment policy may request a bill adjustment. The manager shall consider such requests according to procedures the manager deems appropriate; provided that leak adjustments shall not be granted without satisfactory evidence of repairs. The manager may approve a billing adjustment for qualifying leaks in an amount not to exceed $1,000.00 by issuing a written decision. Requests for an adjustment equal to or exceeding $1,000.00 shall be referred to the Board, with the manager's recommendation. Leak Adjustment Calculation. In calculating the bill adjustment for a qualifying leak, the manager shall establish average use by comparing the billing period subject to adjustment with the same billing period for the preceding two years or other appropriate historical data. The customer s average use shall be charged at District retail rates. Use in excess of average use shall be charged the applicable wholesale rate. The manager may only make adjustments by crediting the customer's account. Any other form of adjustment shall be approved by the Board. Section 2. Other Bill Adjustments. The manager may approve adjustments to customer accounts to correct impacts of billing errors and misreads; and make other necessary miscellaneous adjustments. Miscellaneous bill adjustments exceeding $200.00 must be approved by the Board. Section 3. Adjustment -tests -costs. All costs for tests of District equipment conducted at the customer's request shall be added to the customer's account, unless such tests establish that District equipment is faulty or its meters are inaccurate. ARTICLE VI APPEALS Section 1. Appeal. Any decision of the manager made under authority of this resolution may be appealed to the Board of Commissioners.